A situation no longer exists between Abercrombie & Fitch and a Jersey Shore star.

A federal judge in Florida yesterday shot down a lawsuit filed by Mike “the Situation”
Sorrentino against the New Albany retailer stemming from a T-shirt bearing the phrase “The
Fitchuation.”

Sorrentino — who turns 31 today — alleged that Abercrombie had committed trademark
infringement and misappropriation of his likeness.

In the ruling, U.S. District Judge John O’Sullivan offered the reality-show meathead a lesson
in free-speech laws and word usage. “The T-shirt expresses ‘The Fitchuation’ visually and
phonetically different from ‘the Situation,’ ” the judge wrote.

“There is no evidence of A&F ‘palming off’ its T-shirt as that of the plaintiff’s,
whereas here the T-shirt has the A&F inside label and prominently uses A&F’s own famous
trademark ‘Fitch’ as part of the parody.”

The judge also said Abercrombie fairly poked fun at Sorrentino in August 2011 by publicly
offering to pay him $10,000 if he didn’t wear its clothing on Jersey Shore — which ended its run on
MTV in December.